Case Digest (G.R. No. 93932-33)
Facts:
People of the Philippines v. Vivencio Sabellano and Wesly Sabellano, G.R. Nos. 93932-33, June 05, 1991, Supreme Court Third Division, Gutierrez, Jr., J., writing for the Court.The accused-appellants were charged in two separate informations tried jointly before the Regional Trial Court (RTC) of Pasig, Branch 156. In Criminal Case No. 65155 the four named Sabellanos (Vivencio, Wesly, Jaime and Mayoling) were indicted for frustrated homicide allegedly committed on February 6, 1985 against Benito Abrogar. In Criminal Case No. 67688 the accused (Wesly, Vivencio, Jimmy and a John Doe) were charged with the murder of Benito on March 9, 1986, allegedly committed with evident premeditation and treachery.
At trial, all accused in Case No. 65155 except Mayoling entered pleas of not guilty on April 18, 1986; Vivencio and Jaime later jumped bail and were tried in absentia. Wesly pleaded not guilty in Case No. 67688 on December 8, 1987 and was tried in person with counsel. The frustrated homicide case was initially dismissed for nonappearance of prosecution witnesses but was revived and consolidated with the murder case after a motion for reconsideration by private respondent Walderita Abrogar, wife of the deceased, was granted by the RTC on January 12, 1988.
Following a joint trial, the RTC promulgated its decision on June 6, 1990. The court found Vivencio guilty beyond reasonable doubt of frustrated homicide in Case No. 65155 and sentenced him to an indeterminate term; it acquitted Wesly and Jaime in that case. In Case No. 67688, the RTC found Wesly guilty beyond reasonable doubt of murder qualified by treachery and sentenced him to reclusion perpetua with accessory penalties and ordered indemnity to the heirs of Benito. The RTC also directed the issuance of alias warrants for certain accused who had absconded.
The accused appealed. The trial court issued an order dated June 8, 1990 denying Vivencio Sabellano’s Notice of Appeal on the ground that he had escaped from detention; counsel for Vivencio failed to seasonably contest that order. The present proceedi...(Pro-only)
Issues:
- Was Vivencio Sabellano’s purported appeal given due course despite his escape and the RTC’s June 8, 1990 order denying his Notice of Appeal?
- Did the prosecution prove beyond reasonable doubt that Wesly Sabellano is guilty of murder qualified by treachery, notwithstanding alleged witness inconsistencies, delay in reportin...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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